In their attempt to apply for a new trial or dismissal, Lyle and Erik Menendez have filed a request on the stock market to disqualify the office of the district prosecutor to participate in the procedure.
“The file shows a conflict that makes it unlikely that Erik and Lyle can receive a fair audience, the challenge is appropriate,” said the deposit of 160 pages.
The case involving the famous brothers – who served 35 years in prison for the 1989 murders of their parents, Jose and Kitty, in their home in Beverly Hills – have presented various twists and turns in the past six months. In October, the lawyer for the district of the time, George Gascón, moved to reduce the penalty of the brothers of life without parole to life. This reduction, if granted, would make the brothers immediately eligible for parole. But Gascón lost in the November elections, and Da Nathan Hochman reversed the course and withdrew the renowned recommendation from Gascón.
“The opinions of the family with regard to continuous punishment do not align with the opinions of the new district prosecutor,” says the motion. “They are 180 degrees at 180 degrees.”
The lawyers of the brothers exhibited various conflicts involving Hochman, who “admitted that he had already spoken with Kathleen Cady, the lawyer representing Milton Andersen, the only member of the family to oppose the conviction. Less than two weeks later, it was Ms. Cady that Mr. Hochman selected to be the new head of the victim ministry, “said the motion.
“The mangances of the DA in this case are level higher than the level of gas,” explains Mark Geragos, lawyer for the brothers, explains Variety.
The deposit slams the DA for not having executed the wishes of the Menendez family.
“Person of the Department of Services of the Victims of the District Prosecutor has contacted only one of the family members whose opinions conflict with the views of the former customer of Ms. Cady,” continued the motion. “These family members shared their coherent opinion that nearly 35 years in prison was sufficient and Erik and Lyle should indeed be sentenced.”
The high -level affair of the Menendez brothers has generated many cinematographic and television incarnations over the years, notably the best rated “Monster” series from Ryan Murphy on Netflix last fall.
Since October, the case has evolved at a glacial pace. On April 17, the court postponed an hearing to examine the admissibility of risk assessments of the State’s conditional liberation committee, ordered by California Governor Gavin Newsom, after judge Michael Jesic admitted that he had not read the report. The prosecutors, who had seen the report, argued that they should be able to use it and deposited to postpone the audience so that everyone can consider it.
In February, Governor Newsom ordered the Conditional Liberations Commission to complete an assessment examination examination of the Menendez brothers as one of their steps towards a reduced sentence and potential freedom. The board of directors completed the exam, which prompted prosecutors to request a delay in the renowned hearing.
“Although the people were responsible for not disclosing these reports because of the governor’s executive privilege and for other reasons, the governor’s office invited the court to ask for these documents to be used during the renowned hearing,” said their file. “There is no legitimate reason why the court should not have the most recent and most recent risk assessments before making renowned decisions in this case.”
On April 11, Kitty and José Menendez’s family filed an official complaint and request to urge the DA to comply with the so-called Marsy law after being blinded by photos of the graphic crime scene during a hearing.
“We never imagined that we had to fight to be treated with respect and dignity,” wrote the Menendez family in a press release. “Without warning, the district prosecutor’s office displayed horrible graphic photos of the bodies of our loved ones. No head high, no compassion, no humanity. Our family was re-traumatized, first by graphic display, and once again that Terry was hospitalized shortly after. She stays in the USI today. “
In the long -awaited Friday movement, the brothers’ lawyers wrote: “Erik and Lyle Menendez are entitled to a process of renown discretionary function in a vigorous way” and there is a real risk that Erik and Lyle be “treated unfairly during part of the … challenge of the procedure”.
